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(영문) 의정부지방법원 고양지원 2013.12.19 2013고정1272
명예훼손등
Text

The sentence of each sentence shall be suspended against the Defendants.

Each of the facts charged in the instant case against the Defendants.

Reasons

Punishment of the crime

1. On June 28, 2012, the Defendants received 13 head of the Tong at the above apartment management office accounting staff D to return all of the above head of the Tong around July 5, 2012, but did not immediately return the said head of the Tong after the Defendants received a request from the victim to return the head of the Tong around July 5, 2012.

Accordingly, the Defendants conspired to interfere with the payment of expenses for the apartment management office of the victim by force.

2. On August 13, 2012, the Defendants reported the loss of 13 existing apartment expenses at the bank that opened the apartment complex guard near the apartment complex, and changed the seal affixed to the head of the Tong after re-issuance of the apartment expense passbook, thereby preventing the victims from using the existing apartment expense passbook.

Accordingly, the Defendants conspired to interfere with the payment of expenses for the apartment management office of the victim by force.

3. The Defendants arbitrarily removed 11 copies of the public announcement made in the name of the Emergency Countermeasure Committee in the name of the said apartment complex posted by the victim from August 31, 2012 to September 11, 2012.

Accordingly, the Defendants conspired to interfere with the victim's apartment bulletin board management work by force.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 314(1) and Article 310 of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of 500,000 won to be imposed for a suspended sentence;

1. Articles 70 and 69 (2) of the Criminal Act (amount converted per day: 50,000 won);

1. The rejection of prosecution under Article 59(1) of the Criminal Act (i.e., the defendant has no particular criminal history and reflects the crime, and the victim withdraws the complaint)

1. The summary of the facts charged is that Defendant A is the chairman of the 13th council of occupants' representatives, and Defendant B is the same apartment.

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